New York Court of Appeals, 1981

In re the Claim of Kaiser

New York Court of Appeals · Decided June 2, 1981 · Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer Concur in Memorandum

53 N.Y.2d 949; 424 N.E.2d 275; 441 N.Y.S.2d 441; 1981 N.Y. LEXIS 2501

Cases that cite this one

6 later published cases cite this decision.

Matter of Thorndike (Penn Mut. Life Ins. Co.--Commissioner of Labor) (Appellate Division of the Supreme Court of New York 2020)
In re Herzberg (Appellate Division of the Supreme Court of New York 1983)
In re the Claim of Horton (Appellate Division of the Supreme Court of New York 1983)
In re Poly Painters, Ltd (Appellate Division of the Supreme Court of New York 1982)
In re Universal Home Inspection, Inc. (Appellate Division of the Supreme Court of New York 1982)
In re Stroll (Appellate Division of the Supreme Court of New York 1982)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed, with costs, and the decision of the Unemployment Insurance Appeal Board reinstated.

Claimant entered into a contract with the respondent Woodmen of the World Life Insurance Society whereby he *951 was to work as a field representative selling insurance and recruiting new members for the society. Under the contract, claimant was required, inter alia, to abide by all the respondent’s rules and regulations and use respondent’s forms to comply with the Insurance Law. Moreover, group medical and health coverage was available to claimant. Most importantly, claimant’s contract with respondent prohibited him from placing insurance for other insurance organizations. (See Matter of Watz [Equitable Life Assur. Soc. of U. S. — Ross], 60 AD2d 259, affd 46 NY2d 876.) In our view, given such indicia of control, there is substantial evidence in the record to sustain the determination of the appeal board that the relationship between claimant and the Woodmen of the World Life Insurance Society was that of employee-employer during the period in question.

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer concur in memorandum.

Order reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.